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Process
Our assessment begins with a detailed review of your employment contract, award, and the circumstances of your job termination. We apply the Fair Work Act 2009 and relevant modern awards to determine whether your situation constitutes a genuine redundancy, unfair dismissal, or another form of termination. A key calculation involves the National Employment Standards (NES) base rate for redundancy pay, which provides a minimum entitlement scale based on years of service. We then analyze any additional company policies or enterprise agreements that may enhance your payout. For a deeper understanding of the calculations involved, refer to our guide on How Is Severance Pay Calculated. This structured approach ensures every claim is built on solid legal footing.
Local Considerations — Australia
Employment law practice varies across Australia's states and territories, particularly regarding long service leave and specific industry regulations. In major commercial hubs like Sydney and Melbourne, we frequently handle complex termination cases involving executives, financial services, and technology sectors, where contractual nuances are critical. In regions with significant mining or resources sectors, such as Western Australia, redundancies often involve large-scale site closures and distinct award interpretations. Our national team is adept at navigating these regional legal landscapes, ensuring advice is precisely tailored to the jurisdictional and industrial context of your location, providing robust representation whether you are in Brisbane, Perth, or Adelaide.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Assessment Timeline | 1-3 business days |
| Key Governing Legislation | Fair Work Act 2009 |
| Common Redundancy Pay Scale (NES) | 4-16 weeks based on service |
| Unfair Dismissal Claim Period | 21 days from dismissal |
Standards & Compliance
- Fair Work Act 2009
- National Employment Standards (NES)
- Relevant Modern Award
- Long Service Leave Acts (State-based)
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Frequently Asked Questions
What is the main legal difference between severance and termination pay?
Severance pay, or redundancy pay, is compensation for loss of employment due to the employer's operational requirements, calculated on length of service. Termination pay generally refers to wages in lieu of notice and any accrued entitlements paid when employment ends, regardless of the reason.
How long do I have to make an unfair dismissal claim?
You must lodge an application with the Fair Work Commission within 21 calendar days from the date your dismissal took effect. This strict deadline is critical, and seeking immediate legal advice is essential to protect your rights.
Does misconduct affect my entitlement to termination pay?
Yes. In cases of serious misconduct, an employer may dismiss an employee without notice and potentially without payment in lieu, forfeiting the standard termination pay entitlements. The definition of serious misconduct is strictly defined under the Fair Work Regulations.
How much does legal advice for Severance Vs Termination Pay cost in Australia?
Costs depend on case complexity, required documentation review, and whether representation in a commission is needed. Many initial assessments are conducted on a fixed-fee basis. For specific matters, we provide transparent cost agreements upfront. The best approach is to request a tailored quote for your situation.